US
Securities and Exchange Commission (SEC) Chair Mary Jo White has vowed to put fees
and expenses for private equity and hedge funds high up the list of the
regulator’s priorities.
In a
speech at the Managed Funds Association’s Outlook 2015 Conference,
White said the SEC was concerned in particular about hedge fund managers using
misleading marketing materials and inadequately disclosing conflicts. Fee and expense practices of private equity funds were also troubling, she said—an
area about which several large institutional investors have
voiced concern.
“Investors must have the information necessary about their adviser and funds to make an informed investment decision.”Alarming
practices included improperly shifting expenses away to investors by charging
them for employees’ salaries, or hiring former employees as consultants, also
paid by the investors. Additionally, White said the SEC continued to observe
private equity managers collecting millions of dollars in accelerated
monitoring fees without disclosing the practice.
“These
cases underscore the value of our oversight and exam program, which identifies
practices that would have been difficult for investors to discover by
themselves,” White said. “Investors, regardless of their sophistication level,
must have, and deserve to have, the information necessary about their adviser
and funds to make an informed investment decision.”
White added that existing registration and reporting requirements has given the SEC a
better picture of the broader industry, making it easier to identify and
mitigate potential problems, such as conflicts of interest and inadequately
disclosed fees.
“Private
funds and their advisers obviously play an important role in the financial
system,” White said, noting that private equity and hedge fund investors
largely included individuals, pension plans, and nonprofit organizations. “It
is therefore natural for the characteristics of your funds—their leverage,
their concentration, their size—to be of interest to the SEC and our fellow
regulators.”
White continued the SEC would continue to focus on addressing those risks that could
impact the broader industry and even the financial system as a whole.
“Simply
put, investors are not protected if broad and interconnected segments of the
financial system are at risk,” she said.
These
industry-wide risks include both operational risks as well as risks arising
from investor services and market activities, White said—specifically, issues
relating to data reporting, client account transitions, cyber security, and
market stress.
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